Creek Coal Company, supra, 507 F.2d at page 652.
The principal complaint of the plaintiff is against the membership in the local union. The plaintiff complains incidentally against the District and the International because they failed to force the local union members to perform in accordance with the Agreement, or failed otherwise to impose sanctions upon the local union members as the plaintiff contends both the District and the International were bound to do. It may be that this is so and may very well be proven at the final hearing of this case. The evidence presented before me up until now relates only to the procurement of a preliminary injunction to compel members of Local 1248 to continue their employment in the mine in spite of any grievances or complaints which are susceptible to the grievance machinery.
The defendants argue that the International and the District are not liable for the work stoppages of its Local. Lewis v. Benedict Coal Corporation, 259 F.2d 346, C.A. 6, 1958; United Construction Workers v. Haislip Baking Company, 223 F.2d 872, C.A. 4, 1955, cert. den. 350 U.S. 847, 76 S. Ct. 87, 100 L. Ed. 754; Garmeada Coal Company v. International Union, United Mine Workers of America, 230 F.2d 945, C.A. 6, 1956. However, this is a misplaced argument, for the above cited cases refer to actions brought in law for damages for breach of contract. Here, the plaintiff is praying for equitable relief and there is abundant authority to support its prayer for injunctive relief against the District and the International. Gateway Coal Company v. United Mine Workers et. al., 414 U.S. 368, 94 S. Ct. 629, 38 L. Ed. 2d 583 (1974); Armco Steel Corporation et al. v. United Mine Workers of America, et al., 505 F.2d 1129, C.A. 4, 1974; Island Creek Coal Company v. United Mine Workers et al., supra ; United States Steel Corporation et al. v. United Mine Workers of America, et al., Civil Actions Nos. 74-1174, 74-1175, 74-1176, 74-1177, 74-1199 (W.D. Pa. 1974).
Because I have found as a fact that work stoppages produced irreparable harm to the plaintiff and that potential work stoppages based upon past grievances or complaints can very well in the future produce further irrevocable harm, the plaintiff is entitled to a preliminary injunction for the purpose of maintaining the status quo between the parties.
As of now it appears likely that the plaintiff will be successful after a final hearing; but that is not certain, and the parties will be permitted to exhaust whatever discovery they require for the purpose of having a full and complete hearing for a final determination of the questions raised. In the meantime a preliminary injunction will issue to the plaintiff commanding and enjoining the defendants to continue at their employment without work stoppages, and in the interim, pending the final determination of this case, where necessary, to pursue the remedies provided in the Agreement.
Counsel for the plaintiff argues in his memorandum for the granting of a prospective injunction for the remainder of the 1974 National Bituminous Wage Agreement. Inasmuch as I am considering the issuance of a preliminary injunction only at the present time, such a broad injunction may be appropriate after final hearing, but it is not presently in order and the preliminary injunction will be issued only, pending a final determination after the parties have had a complete and full hearing.
And now, to-wit, this 13th day of March 1975, after hearing, it appearing to the court from the evidence presented that the defendants and their members employed by the plaintiff at its Maple Creek Mine in Washington County, Pennsylvania, have engaged in repeated illegal work stoppages; that the disputes giving rise to these illegal work stoppages are subject to resolution under the Settlement of Disputes procedure of the collective bargaining agreement between the parties, which is intended to prevent interruptions of operations such as are involved herein; that the plaintiff will suffer irreparable harm and injury if work stoppages are permitted to continue; that greater harm will result to the plaintiff from the denial of injunctive relief than would result to the defendants from the grant thereof; and there is a substantial likelihood that the plaintiff will finally prevail on the merits;
It is, therefore, ordered, adjudged and decreed:
1. That a Preliminary Injunction is hereby issued enjoining the defendants, United Mine Workers of America, District 5, United Mine Workers of America, and Local 1248, United Mine Workers of America, their officers, representatives, members, and all persons acting in concert with them, or in their behalf, during the pendency of this preliminary injunction and until final determination from
(a) Engaging in a strike or work stoppage at the plaintiff's Maple Creek Mine located in Washington County, Pennsylvania; or
(b) Picketing or in any other manner interfering with operations at the plaintiff's Maple Creek Mine located in Washington County, Pennsylvania,